Bankruptcy and Debt Advice (Scotland) Act 2014 – the story so far

Bankruptcy and Debt Advice (Scotland) Act 2014 – the story so far

BADAS, as it was inevitably going to be known, came into effect on 1 April 2015, to much fanfare from the Scottish Government, and some groaning from the profession.  Was yet more change really required? So, what’s happened in the first few months of the new Act, and what should we as a profession be […]
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Does an earnings arrestment still fall on the award of Sequestration?

Question: Does an earnings arrestment still fall on the award of Sequestration, even in the wake of the new Bankruptcy and Debt Advice (Scotland) Act 2014 (‘BADAS’)? What if it was executed within a 60 day period before the date of sequestration? Answer: Yes, an earnings arrestment still ceases to have effect on the date […]
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It’s only an “only”, but it’s an important only!

The recent BADAS introduced not only changes to sequestration, but made some amendments to the Protected Trust Deeds (Scotland) Regulations 2013.  The eagle-eyed among you will have spotted the insertion of the word “only” into Regulation 23(1).  This means that for trust deeds signed on or after 1 April 2015, a trustee’s remuneration can only […]
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